IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
Official Citation: 2016-NMSC-037
Filing Date: August 24, 2016
NO. S-1-SC-35614
STATE OF NEW MEXICO,
Plaintiff-Petitioner,
v.
PETER CHAVEZ,
Defendant-Respondent.
AMENDED ORDER
WHEREAS, this matter came on for consideration by the Court upon motion to abate proceedings to their inception upon suggestion of death and response thereto, the Court having considered said pleadings and being sufficiently advised, Chief Justice Charles W. Daniels, Justice Petra Jimenez Maes, Justice Edward L. Chavez, Justice Barbara J. Vigil, and Justice Judith K. Nakamura concurring;
NOW, THEREFORE, IT IS ORDERED that the motion is GRANTED and the matter shall be remanded for abatement of the proceedings from their inception;
IT IS FURTHER ORDERED that the Court of Appeals opinion shall be vacated and shall not be published nor cited as precedent; and
IT IS FURTHER ORDERED that an amended mandate shall issue immediately and the record proper, transcript of proceedings, and exhibits shall be returned to the New Mexico Court of Appeals.
IT IS SO ORDERED.
WITNESS, Honorable Chief Justice Charles W. Daniels
of the Supreme Court of the State of New Mexico, and
the seal of said Court this 24th day of August, 2016.
( S E A L ) _____________________________________________
Joey D. Moya, Chief Clerk of the Supreme Court
of the State of New Mexico